CIVIL FILINGS: Marshall County

Aug. 16 Citibank, N.A. vs. Michael Mack PA- Andrew N. Frye, III; J- Hummel * Defendant is in default on a repayment obligation in the amount of $18,051.07. This amount with statutory interest is requested. Case number: 11-C-136 Aug. 17 Citibank, N.A. vs. Glenn H. Kesselring PA- Andrew N. Frye, III; J- Karl * Defendant has failed to liquidate the balance due and owing of $14,830.45. Interest along with this amount is sought. Case number: 11-C-139 Howard and Karen Coffield vs. West Virginia Department of Environmental Protection, Multitek and John Doe PA- Christopher M. Turak; J- Hummel * The defendant embarked upon a statewide program to collect and recycle used automobile and truck tires. A collection site was set up within Marshall County with Solid Waste Authority coordinating its efforts to assist at the tire collection site. On Aug. 22, 2009, while using the wheel crusher to crush a tire rim, a portion of the rim broke loose and flew through the air striking the plaintiff, Howard Coffield, in the face. Multitek failed to comply with safeguard regulations to prevent debris from ejecting during its use. Compensatory damages are sought in a trial by jury Case number: 11-C-140 Aug. 22 Donald D. Dulaney vs. Marshall County Animal Shelter and Animal Rescue League and Josh Nelson PA- William C. Gallagher; J- Hummel * On Oct. 9, 2009, plaintiff was a non-paid volunteer performing his regular duties when it became necessary to move a feral cat to a more secure lodging. Nelson recklessly mishandled the cat, which attacked the Plaintiff, causing physical injury to his chest, face and neck. Plaintiff suffered through the necessity of a series of rabies injections and damages are demanded. Case number: 11-C-144 Aug. 23 Thomas Cochran vs. Smith Oil, Inc. PA- Daniel M. Balgo; J- Hummel * Inadequate construction and maintenance conditions existed on the parking lot at the gas filling area. Said conditions are blamed for a fall accident. Despite their knowledge, defendant failed to warn plaintiff of the dangerous condition. Compensatory damages are sought together with interest and costs. Case number: 11-C-146 Aug. 24 Jill L. and Jerry Rush vs. Edward Conley PA- Eric M. Gordon; J- Karl * On Sept. 17, 2009, Jill Rush was driving a vehicle owned by William Hooker. She was stopped at a flashing red light on Jefferson Avenue and Fifth Street when defendant struck her in the rear. The collision resulted in injuries and damages. Judgment is demanded to sufficiently compensate her for those injuries. Case number: 11-C-147 Sept. 12 Ronald Walker vs. U.S. Bank National Association PA- Daniel F. Hedges; Jacklyn A. Gonzales; J- Karl * Plaintiff is a disabled widower living in a home that has no running water, because the well is ruined, presumably due to gas drilling in the area. He hauls water from town for drinking and collects rainwater for all other purposes. Wells Fargo has legal title to the home and is seeking to foreclose. Walker filed a Chapter 13 bankruptcy. Defendant stands to gain little through a foreclosure of a home that has no running water. Plaintiff wishes to pay the loan and stay in his home. The Court is asked to grant equitable relief. Case number: 11-C-155 Sept. 13 Citibank, N.A. vs. Joyce A. Fahey aka Joyce A. Wayt PA- Andrew N. Frye, III; J- Hummel * Defendant has failed to liquidate the sum balance due and owing of $13,732.22. Judgment is demanded for this amount, with interest and costs of this action. Case number: 11-C-156 Sept. 16 Michelle Villers; Edgar L. Yoho, Jr.; Sarah B. Villers, Individually and as Administratrix and Personal Representative of the Estate of Crystal M. Derby, Deceased; Amanda Villers; and Melissa Horner vs. Estate of Richard W. Derby, Deceased; Rosie's Roadhouse, Inc.; David E. Anderson; Lisa Anderson; and John Doe(s) PA- Michael A. Adams; J. Bryan Edward; J- Hummel * In the early morning hours of Sept. 19, 2009, on WV Route 250, Belton, Plaintiffs, Michelle Villers, Edgar Yoho and Crystal Derby, were traveling as passengers in a vehicle owned by Crystal and driven by her husband, Richard Derby. Derby was intoxicated; traveling at an unsafe speed when he crossed the center line crashing into a tree. The consumption of alcoholic beverages at Rosie's Roadhouse created a catastrophic event that caused severe injuries to Villers and Yoho and the deaths of Richard and Crystal Derby. The plaintiffs suffered physical pain, as well as medical bills and ancillary expenses for which they seek compensatory and punitive damages. Case number: 11-C-160

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